7
CPD hours
INTENSIVE
PRA INTENSIVE
September 2016
IN THIS INTENSIVE:
“... the biennial event has become
a sell-out, “must go” occasion, for
relationship property practitioners”
“Relationship property law right now
is certainly intensive and controversial.
It is evolving and adapting rapidly...”
YOUR TRUSTED CPD PARTNER
www.lawyerseducation.co.nz
PRA INTENSIVE
FROM THE CHAIR
7
CPD hours
I extend to you the warmest of invitations to register for the 2016
NZLS CLE PRA Intensive. The sell-out, “must go” occasion, for
relationship property practitioners. Relationship property law
right now is certainly intensive and controversial; it is evolving and
adapting rapidly. Our intensive reflects this, dealing as it does with
the hot topics and updates in our area of law. It also focuses on the
re-drawing of the trust and relationship property landscape by the
Supremes in Clayton v Clayton.
This is your chance to hear from an impressive blend of speakers,
and we are particularly pleased to have The Hon Justice Mark
O’Regan of the Supreme Court, presenting an excellent CPD
programme designed to be both practical and provocative. Whether
you are a practising lawyer - new or not so new, an academic
or a member of the judiciary, we are sure you will find the day
interesting, educative and entertaining.
If your area of law involves the PRA you cannot afford to miss it
- see you in September 2016.
Lady Deborah Chambers QC
PROGRAMME
8.00-8.45 REGISTRATION
8.45-8.55 WELCOME: Chair – Lady Deborah Chambers QC
8.55-10.05
SESSION 1: THE PRACTICAL IMPLICATIONS OF CLAYTON
In light of the decision on Clayton this session will explore:
• When will a Trust be invalid?
• The meaning of “property” in the Property
(Relationships) Act 1976
• The wide view of what a nuptial settlement is under s 182
of the Family Proceedings Act 1980
• The application of ss 44, 44C of the Property
(Relationships) Act 1976.
Presenter
Professor Mark Henaghan
10.05-10.25
SESSION 2: A JUDICIAL CONTRIBUTION
Presenter The Hon Justice Mark O’Regan
10.25-10.45
MORNING TEA
10.45-11.30
SESSION 3: BEFORE YOU PUT PEN TO PAPER
Often a settlement agreement is negotiated and handed
to the commercial lawyer or the instructing solicitor with
the instructions to “go do this”. This session will provide
you with input from the other side of the office. A practical
session, it will flag the key areas to consider, which go far
beyond the PRA. The focus will be on the advantages of
involving third party experts up front, giving you practical
tips to ensure you have a robust agreement able to be
implemented without roadblocks post signing.
Presenters Shelley Hodge and Gerard Molloy
11.30-12.30
SESSION 4: VALUATIONS - FINDING THE RELATIONSHIP
PROPERTY
Areas where post-separation valuations issues may cause
difficulties will be identified and explored in this session,
including:
• Valuation date issues
• Valuations of interest under trusts, and in particular the
value of discretionary interests
• Quantifying s 44C claims and practical issues when using
s 9A.
Presenters Jo Hosking and Brendan Lyne
12.30-1.15
LUNCH
1.15-2.15
SESSION 5: HOT SECTIONS
The law of relationship property is a changing landscape,
which relationship property lawyers need to keep abreast
of. This session will update you on recent case law involving
key sections of the Property (Relationships) Act 1976,
including 9A, 18A - 18C, 15 and 21.
Presenters Stephanie Ambler and Amanda Donovan
2.15-3.00
SESSION 6: OUTSIDE THE SQUARE RELATIONSHIPS
This session will consider the difficulties presented by
domestic relationships at the fringes of s 2D of the Property
(Relationships) Act 1976. It will also reflect on whether
the Act accurately captures the right sorts of domestic
relationships.
Presenter Associate Professor Margaret Briggs
3.00-3.20 AFTERNOON TEA
3.20-4.20
SESSION 7: UPGRADING THE TRACTOR TO A MASERATI
Are Judges receiving the information necessary to make a
decision and thereby reducing your client’s waiting time?
This session will explore the efficient dispatch of litigation,
the effective use of procedural Family Court Rules, timing
of the issuing of proceedings and possible suggestions
for reform. Merits of the various alternative options to the
Courts will be looked at, along with the when and why of
selecting alternative dispute resolution.
Presenters The Hon Robert Fisher QC and Simon Jefferson QC
4.20-4.50
SESSION 8: CAPACITY – WHEN THE PRESUMPTION OF
COMPETENCE MAY BE IN DOUBT
Capacity is a mental construct related to comprehension
and rationality of decision-making. Legal competency is
unambiguous yet is determined by clinical capacity which
has a continuous quality. This session will explore the
definitions and assessment of capacity. Specific capacity
tasks and situations will be exemplified by case scenarios.
The concepts of consistency, thresholds and valid triggers
for a capacity assessment will be discussed. The relevance
of capacity to New Zealand relationship law will also be
explored.
Presenter Dr Jane Casey
4.50-5.00
SUMMARY OF THE DAY –
CHAIR: LADY DEBORAH CHAMBERS QC
LEARNING
OBJECTIVES
WHO
SHOULD
ATTEND
In this intensive you will be:
• Updated on topical issues, legislation and case law.
• Able to apply this knowledge in your practice.
Family and property practitioners at an advanced level of
experience will benefit from attending. Commercial/trust
lawyers of all levels who wish to up-skill or those who want to
understand the ramifications of the Supreme Court Decision
on Clayton will find this intensive beneficial.
CHAIR
Lady Deborah Chambers QC, Bankside Chambers, Auckland
Deborah was admitted to the bar in 1983, commenced practice as a
barrister sole in 1989 and took silk in 2007. She specialises in relationship
property law, trusts, estates and fiduciary duties. Her work in this area
includes complex cases frequently involving international property.
Deborah is also experienced at representing clients in mediations. She
is the co-author of the best-selling handbook on domestic property and
estate law For Richer For Poorer and also a co-author of the New Zealand
Master Trusts Guide. Deborah was counsel for Mrs Clayton in Clayton v
Clayton in the Court of Appeal and Supreme Court.
PRESENTERS
Stephanie Ambler, Tompkins Wake, Hamilton
Stephanie graduated from Auckland University in 1999 and has always
practised in family law. Prior to relocating to the Waikato in 2013 and
joining Tompkins Wake, Stephanie was a solicitor at Brookfields and
Simpson Grierson lawyers in Auckland. She specialises in family,
matrimonial and trust law, particularly in the areas of relationship property
disputes and claims against estates and trusts. Stephanie has presented a number of seminars.
Margaret Briggs, Associate Prof, University of Otago, Dunedin
Margaret teaches and researches in the areas of criminal law and family
property law. She is a contributing author to Family Law – Family
Property (2008, Brookers) and a co-author of Relationship Property on
Death (2004, Brookers).
Dr Jane Casey, Vermont Street Specialists, Auckland
Jane is a General Adult and Old Age Psychiatrist, Honorary Senior
Lecturer at Auckland University and the Bi-National Chair in the Faculty
of Psychiatry of Old Age, RANZCP. Capacity is an area of special interest
with experience in expert opinion in clinical and legal settings.
Amanda Donovan, Haigh Lyon, Auckland
Amanda leads Haigh Lyon’s specialist family law team. Her practice covers
all areas of family law with a particular focus on relationship property, trust
issues, estate litigation and children matters. Amanda is a contributing
author for the Westlaw Family Law publication (NZ) and while working in
London, she was a consultant editor for Hershman and McFarlane:
Children Law and Practice.
PRESENTERS
The Hon Fisher QC, Robert Fisher Queens Counsel, Auckland
Hon Robert Fisher QC, LLD, FAMINZ, is a former High Court Judge, the
author of a text on relationship property, and a full-time arbitrator and
mediator.
Professor Mark Henaghan, University of Otago, Dunedin
Mark specialises in family law and is a Barrister and Solicitor of the High
Court of New Zealand. He is co-author of Family Law Policy in New
Zealand (4th ed LexisNexis 2012) and joint author of Family Law in New
Zealand, (16th ed LexisNexis 2014). Mark is the joint author of Relationship
Property on Death, Relationship Property Consolidated Legislation and
Analysis (2001 Brookers Thomson Group) and is sole author of Care of
Children (2005 LexisNexis) and Health Professionals and Trust (2012
Routledge).
Shelley Hodge, Barrister & Solicitor, Auckland
Shelley was admitted to the Bar in 1985. She spent the first 26 years of
her legal career at Russell McVeagh and Chapman Tripp, specialising in
corporate, commercial and finance related matters. Since 2012 Shelley has
practised on her own account, carrying on with the commercial focus but
applying this to relationship property matters.
Jo Hosking, Jo Hosking Barrister, Rotorua
Jo practises mainly in family law and in recent years has become
focused on relationship and trust property and spousal maintenance cases.
She has appeared in the Family Court, High Court, Court of Appeal and (as
instructing solicitor) in the Supreme Court. Jo has recently been appointed
to update Fisher on Relationship Property (Chapter 4: Relationship Property
and Trusts). She also undertakes lawyer for child work in the Rotorua Court.
Simon Jefferson QC, Trinity Chambers, Auckland
Simon is a family law specialist with more than 30 years’ experience.
He joined the independent bar in 2006 and became a Queen’s Counsel
in 2013. Simon has had extensive involvement with NZLS CLE legal
education programmes and the NZLS Family Law section. He is a fellow of
the International Academy of Matrimonial Lawyers, a member of Lawasia,
the NZ Bar Association and of the Australian Family Law Section.
PRESENTERS
Brendan Lyne, Lyne Davis Opinion Ltd, Auckland
Brendan is a director and principal of Lyne Davis Opinion with more than 30
years’ accounting and corporate finance experience. A significant portion of
his time is spent on relationship property expert opinions including business
and share valuations, economic disparity, bundle of rights and evidence in
respect of trusts. Brendan is an experienced expert witness and has been
appointed by the courts and NZICA as such. He also provides expert
evidence in the areas of economic damages assessments, forensic
accounting, valuation and other financial matters.
Gerard Molloy, Haigh Lyon, Auckland
Gerard has a broad range of experience in commercial, property and trust
matters. He is often called upon to provide guidance and strategic advice
from a commercial and property perspective in complex relationship
property and trust litigation. Gerard regularly acts as instructing solicitor
for senior legal counsel.
The Hon Justice O’Regan, Supreme Court of New Zealand
Justice Mark O’Regan is a Judge of the Supreme Court of New Zealand,
appointed in 2014. He holds a BA and LLM (Victoria University) and was
admitted to the Bar in 1977. He was a partner at Chapman Tripp from 1984
to 2000. He became a Judge of the High Court of New Zealand in 2001
and was appointed to the Court of Appeal in 2004, becoming its
President in 2010.
CANCELLATION AND REFUND POLICY.
Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/
first-served basis. Registrations close 10 working days before the presentation date (the closing
date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted
minimum number of registrations. This decision will be made on the closing date and a full refund
will be made to each registrant of the cancelled session. If you cancel your registration before the
closing date, a refund will be made, less a $100 administration fee. After the closing date, there will
be no refund. You may transfer your registration to another person until five working days before
the presentation. Please advise NZLS CLE Ltd in writing of the change.
PRIVACY ACT 1993
The information requested on this registration form is for NZLS CLE Ltd and the
sponsors only.
I do not wish the sponsors to receive my contact details.
REGISTER
ONLINE AT:
www.lawyerseducation.co.nz
POST TO:
NZLS CLE Ltd, PO Box 5041,
Wellington 6140, DX SP20202
FAX TO:
04 463 2986
ENQUIRIES
0800 333 111
registrations@
lawyerseducation.co.nz
PRA INTENSIVE
WELLINGTON
14 Sept
8.45am-5.00pm
InterContinental
AUCKLAND
15 Sept
8.45am-5.00pm
Pullman
LIVE WEB STREAM
14 Sept
8.45am-5.00pm
Your Computer
Please note: Live Web Stream registrations close 3pm Tuesday 13 September.
For more information on Live Web Streaming please visit www.lawyerseducation.co.nz
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FEE (Incl GST)
The course fee include all materials, morning and afternoon teas and lunch. Materials will
be handed out on the day.
Early Bird
BY 16 August 2016
or AFTER 16 August 2016
NZLS/Associate member
$665
$715
Non-member
$715
$765
Live Web Stream
$645
$695
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